Sabarimala: SC to hear review pleas on Jan 22; no stay on verdict

The Supreme Court on Tuesday agreed to reconsider its September 28 verdict allowing entry of women of all age groups into the Sabarimala temple and has set January 22 as the date of hearing the review petitions. A top court bench comprising CJI Ranjan Gogoi and Justices R.F. Nariman, A.M. Khanwilkar, D.Y. Chandrachud and Indu Malhotra decided to hear the review petitions in open court. 

The top court, however, refused to stay its earlier verdict. "We make it clear that there is no stay of the judgement and order of this Court dated 28th September, 2018 passed in Writ Petition (Civil) No.373 of 2006 (Indian Young Lawyers Association & Ors. vs.the State of Kerala & Ors)," the order said.

The five-judge bench were hearing a batch of petitions seeking review of its September 28 verdict allowing entry of women of all age groups into the Sabarimala temple in Kerala. Forty-nine petitions seeking review of the judgement were taken up for consideration on Tuesday. Except for CJI Gogoi, all the other judges were part of the constitutional bench that favoured entry of women in menstrual age into Sabarimala temple. 

The main opposition Congress and the BJP welcomed the apex court verdict to hear the review petitions. The other Hindu outfits, who are opposed to the entry of women of menstruating age into the temple, also sounded a triumphalist note at the latest court order. Opposition leader in the Kerala assembly Ramesh Chennithala wanted the state government to shed its 'stubbornness' in implementing the September 28 verdict. "The CPI(M)-led LDF government should act maturely and not implement the decision during the upcoming two-month long pilgrim season," he said.

“It's an initial victory of Lord Ayyappa devotees. We are hopeful of overcoming the SC verdict when the review petitions are heard. We will continue our fight,” BJP Kerala general secretary K. Surendran said.

Kerala Chief Minister Pinarayi Vijayan said though the Supreme Court has not stayed its September 28 decision, permitting all women to offer prayers at the hill shrine, his government would take a final call on the issue after consulting legal experts. "As per my understanding, the top court has clearly stated that there is no stay on its September 28 verdict. We will consult legal experts on the matter", Vijayan said. CPI(M) state secretary Kodiyeri Balakrishnan said the government would implement whatever decision the apex court takes on the issue of women's entry into the hill top shrine.

Sabarimala head priest Tantri Kandararu Rajeevaru  welcomed the Supreme Court decision to hear the review petitions and hailed it as a "big victory" as the outcome was due to the blessings of Lord Ayyappa.

Relying heavily on the judgment of Justice Indu Malhotra, the dissenting voice in the 4:1 split verdict, the review petitions contended that constitutional parameters of rationality cannot be blindly applied to matters of faith. 

The apex court verdict on September 28 had sparked off widespread protests in Kerala.

A plea filed by National Ayyappa Devotees Association (NADA), which has sought review of the verdict, had said that "the notion that the judgment under review is revolutionary, one which removes the stigma or the concept of dirt or pollution associated with menstruation, is unfounded. It is a judgment welcomed by hypocrites who were aspiring for media headlines. On the merits of the case, as well, the said judgment is absolutely untenable and irrational, if not perverse".

Besides the Association, several other petitions including one by Nair Service Society (NSS), have been filed against the apex court verdict.

The NSS had said in the plea that as the deity is a 'Naistika Brahmachari', females below the age of 10 and after the age of 50 years are eligible to worship him and there is no practice of excluding worship by females.

(With PTI inputs)